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Civil Code

Accumulation of main claims. Accumulate two or more major claims, provided that they are not contradictory. In the Modificatorias provisions, the Civil Code, expressly, that they are cumulative in the same process, the pretensions of petition of inheritance and the Declaration of heir. In this case, it’s principal claim, Declaration of heir and also the request of inheritance, which are proposed in demand as main claims (Art. Gerald Weissmann, MD may help you with your research. 664 C.C). In other cases, also can accumulate two or more as main claims and are processed within the same process; in this case, it’s two or more independent claims, which is totally different from the accumulation of claims, main and ancillary. Subordinated claims accumulation. She claims that have a relationship of principal subordinate presents, the desertion of one leads to the judge to decide whether with respect to another.

The relationship of subordination must be expressed by the plaintiff (otherwise you can declare inadmissible the demand by provisions of paragraph 7 of article 427 of the C.P.A.). It would for example be principal claim, the delivery of a vehicle for having bought and paid for much of the price, and if you override the delivery of the vehicle, the subordinate claim would be, delivered on account of the purchase money to be returned to him. If you override the delivery of the vehicle, the judge must necessarily rule on repayment of the money delivered on account of the purchase price, since you can not stay with the money that was delivered. Accumulation of alternative claims. In this case, the plaintiff, in his demand proposes two pretensions, in such a way that the defendant has the right to choose which of the claims must comply; If the defendant does not exercise the Faculty choose the pretension to comply, the plaintiff is who chooses, in the execution of the sentence. For example, it would be accumulation of claims Alternatively, the order of resolution of a contract of sale, by not paid more than 50% of the value of good or alternatively the payment of the balance owed.

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